South Australian Current Acts South Australian Current Acts246—Confidentiality of jury deliberations and identities
(1) This section
applies in relation to juries in criminal, civil or coronial proceedings in a
court of the State, the Commonwealth, a Territory or another State whether
instituted before or after the commencement of this section.
(2) A person must not
disclose protected information if the person is aware that, in consequence of
the disclosure, the information will, or is likely to, be published.
Maximum penalty:
In the case of a body corporate—$25 000.
In any other case—$10 000 or imprisonment for 2 years.
(3) A person must not
solicit or obtain protected information with the intention of publishing or
facilitating the publication of that information.
Maximum penalty:
In the case of a body corporate—$25 000.
In any other case—$10 000 or imprisonment for 2 years.
(4) A person must not
publish protected information.
Maximum penalty:
In the case of a body corporate—$25 000.
In any other case—$10 000 or imprisonment for 2 years.
(5)
Subsection (2) does not prohibit disclosing protected information—
(a) to a
court; or
(b) to a
Royal Commission; or
(ba) to
the Independent Commission Against Corruption under the
Independent Commission Against Corruption Act 2012 ; or
(c) to
the Director of Public Prosecutions, a member of the staff of the Director's
Office or a member of the police force for the purpose of an investigation
concerning an alleged contempt of court or alleged offence relating to jury
deliberations or a juror's identity; or
(d) as
part of a fair and accurate report of an investigation referred to in
paragraph (c); or
(e) to a
person in accordance with an authorisation granted by the Attorney-General to
conduct research into matters relating to juries or jury service.
(6)
Subsection (3) does not prohibit soliciting or obtaining
protected information—
(a) in
the course of proceedings in a court; or
(b) by a
Royal Commission; or
(ba) by
the Independent Commission Against Corruption under the
Independent Commission Against Corruption Act 2012 ; or
(c) by
the Director of Public Prosecutions, a member of the staff of the Director's
Office or a member of the police force for the purpose of an investigation
concerning an alleged contempt of court or alleged offence relating to jury
deliberations or a juror's identity; or
(d) by a
person in accordance with an authorisation granted by the Attorney-General to
conduct research into matters relating to juries or jury service.
(7)
Subsection (4) does not prohibit publishing protected information—
(a) in
accordance with an authorisation granted by the Attorney-General to conduct
research into matters relating to juries or jury service; or
(b) as
part of a fair and accurate report of—
(i)
proceedings in respect of an alleged contempt of court,
an alleged offence against this section or an alleged offence otherwise
relating to jury deliberations or a juror's identity; or
(ii)
proceedings by way of appeal from proceedings referred to
in subparagraph (i); or
(iii)
if the protected information relates to jury
deliberations—proceedings by way of appeal from the proceedings in the
course of which the deliberations took place if the nature or circumstances of
the deliberations is an issue relevant to the appeal.
(8) This section does
not prohibit a person—
(a)
during the course of proceedings, publishing or otherwise disclosing, with the
permission of the court or otherwise with lawful excuse, information that
identifies, or is likely to identify, the person or another person as, or as
having been, a juror in the proceedings; or
(b)
after proceedings have been completed, publishing or otherwise
disclosing—
(i)
information that identifies, or is likely to identify,
the person as, or as having been, a juror in the proceedings; or
(ii)
information that identifies, or is likely to identify,
another person as, or as having been, a juror in the proceedings if the other
person has consented to the publication or disclosure of that information.
(9) This section does
not apply in relation to information about a prosecution for an
alleged offence against this section if, before the prosecution was
instituted, that information had been published generally to the public.
(10) Proceedings for
an offence against this section must not be commenced without the consent of
the Director of Public Prosecutions.
(11) In this
section—
"protected information" means—
(a)
particulars of statements made, opinions expressed, arguments advanced and
votes cast by members of a jury in the course of their deliberations, other
than anything said or done in open court; or
(b)
information that identifies, or is likely to identify, a person as, or as
having been, a juror in particular proceedings;
"publish", in relation to protected information, means communicate or
disseminate the information in such a way or to such an extent that it is
available to, or likely to come to the notice of, the public or a section of
the public.